M.T. Joshi, J.

1. Being aggrieved by Judgment and Order dated 7th July, 2003 passed by the learned Additional Sessions Judge, Biloli, Dist. Nanded in Special Case (A.C.B.) No. 3 of 2002 thereby, acquitting the Respondent for the offence punishable under Section/s. 7, 13(1)(d)read with Section 13(2) of the Prevention of Corruption Act, 1988, present Criminal Appeal is preferred by the Appellant - the State. Prosecution case, in short, is as under:-

During the relevant period, present Respondent was serving as Assistant Account Officer in Zilla Parishad, Nanded. In the month of May, 2002 he was posted in Panchayat Samiti, Biloli, District-Nanded, complainant Vijay Parashram Gadiwan's father was serving as Head Master in the Z.P. School at Jarikot, Taluka Dharmabad. Because of ill heath, complainant's father had taken voluntary retirement from service on 21st August, 1997 and thereafter on 18th April, 2000 he expired.

Due to revision of pay on the recommendation of 5th Pay Commission, there were certain arrears and pension was due to the deceased and thereafter to the mother of complainant namely Hirabai. The Respondent had issued first installment of Rs. 68,000/- in the name o